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TITLE OF BILL: An act to amend the penal law, in relation to designating as a class E felony, the offense of endangering the welfare of an incompetent or physically disabled person

PURPOSE: To increase the penalty for Endangering the Welfare of an Incompetent of Physically Disabled Person to a class E felony.

SUMMARY OF PROVISIONS: Section 1 amends section 260.25 of the Penal Law to increase the penalty for Endangering the Welfare of an Incompetent or Physically Disabled Person. Section 2 provides an effective date of November 1.

EXISTING LAW: Currently Endangering the Welfare of an Incompetent or Physically Disabled Person is a class A misdemeanor. This bill increases the severity of the crime to a class E felony.

JUSTIFICATION: Society recognizes that certain vulnerable segments of the population deserve special protection. For that reason, the Legislature has enacted legislation that protects, among others, children, vulnerable elderly persons and incompetent and physically disabled persons. The crime of endangering the welfare of a vulnerable elderly in the second degree is a class E felony and endangering the welfare of a vulnerable elderly person in the first degree is a class D felony. Those who are unable to care for themselves because of physical disability or mental disease or defect are also vulnerable and, because of that vulnerability, those who endanger the welfare of such individuals should be charged with a felony, just as those who are charged with endangering the welfare of a vulnerable elderly person. This bill brings parity for punishing those who act in disregard to the welfare of members of society who deserve special protection.

LEGISLATIVE HISTORY: Same as S.3894 of 2007-08 which passed the Senate. Same As S.371 of 2008-09 referred to Codes. Same As S.371 of 2009-10 referred to Codes. Same As S.3232 of 2011-12 referred to Codes.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: November 1 after enactment.

Text

STATE OF NEW YORK
________________________________________________________________________
1206
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to designating as a class E
felony, the offense of endangering the welfare of an incompetent or
physically disabled person
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 260.25 of the penal law, as amended by chapter 381
of the laws of 1998, is amended to read as follows:
S 260.25 Endangering the welfare of an incompetent or physically disa-
bled person.
A person is guilty of endangering the welfare of an incompetent or
physically disabled person when he OR SHE knowingly acts in a manner
likely to be injurious to the physical, mental or moral welfare of a
person who is unable to care for himself or herself because of physical
disability, mental disease or defect.
Endangering the welfare of an incompetent or physically disabled
person is a class [A misdemeanor] E FELONY.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05304-01-3

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